The full US v Johnson military Judge ruling for Obamas unlawful command influence can be viewed here.

Stars and Stripes reports the following:

Two defendants in military sexual assault cases cannot be punitively discharged, if found guilty, because of unlawful command influence derived from comments made by President Barack Obama, a judge ruled in a Hawaii military court this week.

Navy Judge Cmdr. Marcus Fulton ruled during pretrial hearings in two sexual assault cases  U.S. vs. Johnson and U.S. vs. Fuentes  that comments made by Obama as commander in chief would unduly influence any potential sentencing, according to a court documents obtained by Stars and Stripes.

On Wednesday and Thursday, Fulton approved the pretrial defense motions, which used as evidence comments that Obama made about sexual assault at a May 7 news conference.

The bottom line is: I have no tolerance for this, Obama said, according to an NBC News story submitted as evidence by defense attorneys in the sexual assault cases.

I expect consequences, Obama added. So I dont just want more speeches or awareness programs or training, but ultimately folks look the other way. If we find out somebodys engaging in this, theyve got to be held accountable  prosecuted, stripped of their positions, court martialed, fired, dishonorably discharged. Period.

The judges pretrial ruling means that if either defendant is found guilty, whether by a jury or a military judge, they cannot receive a bad conduct discharge or a dishonorable discharge. Sailors found guilty under the Uniform Code of Military Justices Article 120, which covers several sexual crimes including assault and rape, generally receive punitive discharges.....

He's a con-law scholar like my 13 year old granddaughter is. The man continues to show a profound lack of common knowledge. This is precisely the lack of law scholarship that caused him to say the Cambridge police "acted stupidly" and that if he had a son "he'd look like Trayvon."

RE :”On Wednesday and Thursday, Fulton approved the pretrial defense motions, which used as evidence comments that Obama made about sexual assault at a May 7 news conference. The bottom line is: I have no tolerance for this, Obama said, according to an NBC News story submitted as evidence by defense attorneys in the sexual assault cases. I expect consequences, Obama added. So I dont just want more speeches or awareness programs or training, but ultimately folks look the other way. If we find out somebodys engaging in this, theyve got to be held accountable  prosecuted, stripped of their positions, court martialed, fired, dishonorably discharged. Period. The judges pretrial ruling means that if either defendant is found guilty, whether by a jury or a military judge, they cannot receive a bad conduct discharge or a dishonorable discharge. Sailors found guilty under the Uniform Code of Military Justices Article 120, which covers several sexual crimes including assault and rape, generally receive punitive discharges.....”

WOW! Any word from squeaky Sen Kirsten Gillibrand on this??? I bet not a peep.

6
posted on 06/15/2013 8:36:22 PM PDT
by sickoflibs
(To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)

The President has some responsibilities. He’s not free to offer his comments in a active case, such as the victim looks like my son. He’s not free to offer his opinions in an active case of military justice, concerning the appropriate level of punishment. But, let’s face it, he’s an OJT President, hired on the basis of affirmative action.

I saw this one coming. Incredible arrogance and disregard for the rights of the accused.

Now contrast this with the prosecution of Major Hassan, where the government won’t call it an act of terrorism or an act of war because they don’t want to prejudice the prosecution. (Like it would somehow be prejudicial if the prosecution were found to actually believe the charges they brought against a defendant?)

Isn’t she Erastus Corning 2nd granddaughter? Certainly looks like him. Her grandmother Dorothea “Polly” Noonan gets a nice write-up in Gillibrand’s Wikipedia article but no mention of “Polly”s husband can be found anywhere.

16
posted on 06/16/2013 4:55:57 AM PDT
by BilLies
(The Progressive Liberal American Press will be the death of freedom in this country.)

"Politico adds the following: As a lawyer, Obama knows to be cautious in speaking about specific cases"

Obama's actions in office indicate to me that his intellect lies somewhere between that of a box of rocks and a bag of hammers. He is simply incapable of making properly informed choices. That goes to his supposed background as a constitutional law professor as well. He taught no law. He simply regurgitated Alinsky talking points that he undoubtedly memorized through repeated usage.

17
posted on 06/16/2013 5:08:11 AM PDT
by norwaypinesavage
(Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.